Just got done talking to my attorney general office and they said to take affidavit to the county attorney and they would be able to tell if it was a forgery. hmmmm . They were not able to answer any other questions. Like why Cach isn't allowed to collect in my state yet they can sue me.

What did the signatures look like? Were they legible, or were they scribbles anyone could make?

CACH uses a number of different alleged BofA affiants. All I have seen mentioned on the various forums have LinkedIn pages. They use different notaries too. You can check the notary with the NC Secretary of State.

I was surprised CACH could provide an affidavit from the OC. According to the Bud Hibbs site, OCs by virtue of their contracts with JDBs will not provide such assistance. And I have two other former BofA accounts that also went to two different JDBs, and those JDBs have not produced anything like this. Why would BofA provide an afffidavit for CACH and not for the other JDBs? I have been able to scare off the other two JDBs with DV letters. CACH is the one that sued me, and also is the one that shows the most contempt for the FDCPA. (The arb strategy has worked well in staying the case.)

If anyone has a copy of the actual bill of sale of an account from BofA to CACH, could you post it here?

May not be relevant, but it certainly is interesting - the company changed their name to "Square Two Financial" in December 2009. This is the history of one of the current executives from their website -

Brian Tuite serves as the Executive Vice President and Chief Business Development Officer for SquareTwo Financial and is responsible for all sales and acquisitions, as well as all of its operating subsidiaries.

Tuite comes to SquareTwo Financial from the Bank of America Credit Card division, where he served since Bank of America’s acquisition of MBNA as a Sales and Marketing executive in the Affinity Card and Latin America credit card businesses. Previously, Tuite spent 14 years with MBNA ultimately serving as their Senior Executive Vice President, Customer Marketing Director and Customer Segmentation Leader.

Logged

Don't accept any of my opinions as facts. I'm just another dumb schmuck trying to figure it out!

All of these people have LinkedIn pages. Note the one for Michelle Samsel - domestic goddess at home.

What was unusual in my case, IMO, is that the account was charged off and sold to CACH in late summer 2008. Yet the affidavit was dated July 2009, shortly before they sued me. Why wasn't the affidavit prepared at the time of the sale of the account?

So, what are my options are far as trying to win this case? Do I file a Motion to Strike the affidavit's as hearsay? And will that work?

somethinig like this is my best guess. what county you in? look at your rules of civil procedure dealing with evidence and business records. the affidavit would (probably) still need someone to testify so you can cross examine them.i'd say without a bill of sale they have nothing.

if it was me, and i had the time i'd file a motion to strike as hearsay, then follow up with a motion for summary judgment for lack of standing. again, no idea where you are located and your rules there as that is somewhat important before filing summary judgment motion. if THEY file a motion first, file a cross motion and attack their standing to sue.

the most important task is to determine what your overall strategy is:do you want to attack everything they throw at you now?do you want to wait until trial and then say "aha! they have not proven their case or proven that they have standing!"both options have their advantages but the point is you need some strategy in your lawsuit

somethinig like this is my best guess. what county you in? look at your rules of civil procedure dealing with evidence and business records. the affidavit would (probably) still need someone to testify so you can cross examine them.i'd say without a bill of sale they have nothing.

if it was me, and i had the time i'd file a motion to strike as hearsay, then follow up with a motion for summary judgment for lack of standing. again, no idea where you are located and your rules there as that is somewhat important before filing summary judgment motion. if THEY file a motion first, file a cross motion and attack their standing to sue.

the most important task is to determine what your overall strategy is:do you want to attack everything they throw at you now?do you want to wait until trial and then say "aha! they have not proven their case or proven that they have standing!"both options have their advantages but the point is you need some strategy in your lawsuit

Would it be better to compel arbitration? What do you think my chances of winning would be if motion to strike as hearsay?